4134060 - Florida Administrative Rules, Law, Code, Register

Florida Department of State and Division of Library and Information Services


Notice: 4134060
Notice of Meeting/Workshop Hearing

Department:	DEPARTMENT OF ENVIRONMENTAL PROTECTION


Overview



	The Department of Environmental Protection - Siting Coordination Office announces a hearing to which all persons are invited.

DATE AND TIME:	June 5, 2007, 1:00 p.m., continuing as necessary on June 6, 2007 and June 7, 2007.

PLACE:	Doyle Conner Center, 900 U.S. Highway 27 Southwest, Moore Haven, Florida.

Subject:	The Departmental of Environmental Protection announces an administrative hearing to consider land use issues in the case of Florida Power & Light Company, Glades Power Park, Power Plant Siting Application PA 06-49, DOAH Case No. 06-0005334EPP, OGC Case No. 06-2649. Administrative Law Judge J. Lawrence Johnston will take testimony and evidence regarding land use issues pertaining to the Florida Power & Light Company’s Site Certification Application (“SCA”) for the proposed Glades Power Park. The Department received the SCA on December 22, 2006. Florida Power & Light Company proposes to construct and operate two 980 megawatt coal-fired units at a site in Glades County. On January 22, 2007, Glades County issued a determination that the Florida Power and Light Company, Glades Power Park, is consistent with existing local land use plans and zoning ordinances in Glades County, pursuant to the Florida Electrical Power Plant Siting Act, Section 403.50665, Florida Statutes. On February 23, 2007, the Department received petitions disputing Glades County’s determination. Pursuant to Section 403.508(1), F.S., the sole issue for determination at a land use hearing shall be whether or not the proposed site is consistent and in compliance with existing land use plans and zoning ordinances. If the administrative law judge concludes that the proposed site is not consistent or in compliance with existing land use plans and zoning ordinances, the administrative law judge shall receive at the hearing evidence on, and address in the recommended order any changes to or approvals or variances under, the applicable land use plans or zoning ordinances which will render the proposed site consistent and in compliance with the local land use plans and zoning ordinances. Pursuant to Section 403.508(3), FS., parties to the overall site certification proceeding shall include the applicant, the Public Service Commission, the Department of Community Affairs, the Fish and Wildlife Conservation Commission, the water management district, the Department of Environmental Protection, the regional planning council, the local government, and the Department of Transportation. Any party listed in Section 403.508(3)(a), FS., other than the Department of Environmental Protection or the applicant may waive its right to participate in the site certification proceedings if such party fails to file a notice of its intent to be a party on or before the 90th day prior to the certification hearing. In addition, notwithstanding the provisions of chapter 120, upon the filing with the administrative law judge of a notice of intent to be a party no later than 75 days after the application is filed, the following shall also be parties to the site certification proceeding: any agency not listed in Section 403.508(3)(a), FS. as to matters within its jurisdiction; any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation or natural beauty, to protect the environment, personal health, or other biological values, to preserve historical sites, to promote consumer interests; to represent labor, commercial, or industrial groups, or to promote comprehensive planning or orderly development of the area in which the proposed electrical power plant is to be located. Other parties may include any person, including those persons listed herein who have failed to timely file a notice of intent to be a party, whose substantial interests are affected and being determined by the site certification proceeding and who timely file a motion to intervene pursuant to Chapter 120, FS., and applicable rules. Intervention pursuant to this paragraph may be granted at the discretion of the designated administrative law judge and upon such conditions as he or she may prescribe any time prior to 30 days before the commencement of the certification hearing. Motions to intervene must be filed (received) with Administrative Law Judge J. Lawrence Johnston, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, at least 30 days prior to the date of the certification hearing. Any agency, including those whose properties or works are being affected pursuant to s. 403.509(4), FS., shall be made a party upon the request of the department or the applicant.


	A copy of the agenda may be obtained by contacting: Michael Halpin, Department of Environmental Protection, 2600 Blair Stone Road, M.S. 48, Tallahassee, Florida 32399-2400, (850)245-8002.

PRINT PUBLISH DATE:	5/18/2007 Vol. 33/20


REFERENCE MATERIALS:	No reference(s).

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Overview